The Supreme Court has published a report on significant loopholes in Polish law including consumer protection law. In the Court’s opinion the existing consumer protection rules are insufficient to protect consumers’ rights in two important areas:
- Some companies’ market practice is to outsource their distribution or service activities to independent third parties who nevertheless run their business under the name of the company. There are important doubts about which company is responsible for any possible infringement of consumer protection law in such a structure, which may be detrimental to consumer protection. The present situation is that in most cases responsibility for infringement lies with the distributor or service provider. The Court’s proposal is to amend the rules to allow making responsible companies which outsource their activity but have influence on how other companies deal with consumers.
- The current situation on the insurance market is that not all insured persons may be protected by consumer law. Some insured persons may not be treated as consumers because they formally have not directly engaged with the insuring companies (e.g. a car leasing situation where the insurance contract is concluded between the insurance company and the company financing the leasing, but all costs of insurance lie with the car user). To amend the situation the Court proposes changing the legal definition of consumer. The new definition should include beneficiaries of insurance to allow them to be protected by consumer laws.
The Court’s proposals are likely to become the subject of works towards amending the relevant consumer protection laws.